Facts: The plaintiff sued the defendant
in tort.There was an issue of immunity
that came up.Under South Carolina law, this was a matter for
the judge, while under federal rules, it was a matter for a jury.

Issue: Should the state policy of
having the judge decide a particular issue of fact trump the federal rule of
having a jury decide in the interest of uniformity of outcome?

Rule: NEW RULE!The federal practice will be used when it is
not certain that using the federal rule will be outcome-determinative.

Analysis:

Conclusion: The case is reversed and
remanded, and the lower courts are instructed to use the federal rule and have
the issue of immunity decided by a jury and not a judge.